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The Factories Act.—1907.

Part x. Validity of Determination.

DivisiOX I. 148. (1) A person desiring to challenge or dispute a determi

Determinations of nation of a Board for the illegality thereof may apply to the Board Challengeable Court of Industrial Appeals, upon motion supported by atfidavit, for before the Supreme

Court only. a rule calling upon the Board to show cause why such determina

Factories Act, 1906, tion should not be quashed, either wholly or in part.

sec. 46. (2) The Court may make absolute or discharge the said rule Vic. Act No. 1975,

of ecc. 118. with or without costs, or may state a special case for the opinion of cc. the Supreme Court.

(3) No determination of a Board shall be in any other manner challenged or disputed for the illegality thereof.

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DIVISION 11. Division II.—EVIDENCE.

General provisions 149. In all proceedings in respect of offences against this Act as to proceedings

before Justices. (a) The information shall be laid within six months after the Vic. Act No. 1975, offence:

sec. 162. (1) It shall be sufficient to allege that a factory or bakehouse is

a factory or bakehouse : (c) The onus shall be on the defendant to prove

1. That the person, firm, or company named in an

information is not the occupier of the factory or

bakehouse;
11. That the provisions of this Act relating to the registra-

tion of factories have been complied with as to any

particular factory; or
11. That articles wholly or partly prepared, or manufac-

tured, or made are not wholly or partly prepared,

or manufactured, or made for sale;
11. That the provisions of this Act and of any determina-

tion of a Board with regard to the number or pro-
portionate number of improvers who may be

employed have been complied with ;
r. That the provisions of this Act with regard to the

painting, varnishing, washing, or lime-washiug of

factories have been complied with;
ul. That a person named in an information as being

either an employé of the defendant generally or an
employé of the defendant in a certain capacity was

not so employed ;
vu. That the premises or place mentioned in an informa-

tion as being within a certain locality or area are or

is not therein :
(d) The allegations contained in the information shall be deemed

proved in the absence of proof by the defendant to the
contrary.

(e) Subsection

The Factories Act.—1907.

Part x. Division II.

c) Subsection (d) shall not apply where the offence is directly

punishable by imprisonment.

Presumption of
law and
evidence in
proceedings.
Vic. Act No. 1975,
sec. 163.

150. (1) If a person is shown to be employed under such circumstances as in the opinion of the Court adjudicating raise a suspicion that such employment was contrary to the provisions of this Act, the offence charged shall be deemed proved in the absence of proof to the contrary.

(2) A declaration by a certifying medical practitioner that he has personally examined a person named therein, and believes him to be under the age set forth in such declaration, shall be admissible as evidence of the age of such person.

Evidence of determination.

Factories Act, 1906.

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151. The production in a Court of the Gazette purporting to contain the determination of a Board shall, except in proceedings under section 148 of this Act, be conclusive evidence of the due making and existence of such determination.

sec. 45.
Vic. Act No. 1976,
sec. 117.
Offences to be
reported to Minister.
who may direct
prosecution.
Vic. Act No. 1976,
sec. 153.

Proceedings, by whom taken.

152. (1) Every offence against this Act shall be reported to the Minister.

(2) No proceedings shall be taken without the consent in writing of the Minister.

(3) Such consent may be proved by the production of a document in the form in the Fifth Schedule, or to the like effect, purporting to signed by the Minister.

(4) Proceedings may be taken by a member of the police force or by an inspector.

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Division III.-SUMMARY PROCEDURE AND PENALTIES.
153. (1) The occupier of a factory or bakehouse -
(a) Which is not kept in conformity with this Act; or
(6) In which there is a contravention of any of the provisions of

this Act ;
shall, if no other penalty is provided, be liable-

1. To a penalty not exceeding Ten Pounds; and
11. To a further penalty of One Pound for every day during

which such breach continues after the delivery by the
inspector at his factory or bakehouse of a notice notifying
him that a breach of the provisions of this Act is taking
place by such factory or bakehouse not being kept in
conformity with this Act, or by a contravention thereof

otherwise occurring. (2) The Court, in addition to or instead of imposing such penalty, may order such occupier to adopt certain means for the purpose of bringing his factory or bakehouse into conformity with this Act.

(3) Such

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(3) Such order shall specify-
(a) The means to be adopted by such occupier; and
(6) The time within which such means shall be so adopted,

which time may be enlarged by the Court upon appli-
cation.

(4) If, after the expiration of the time as originally specified, or Compensation to subsequently enlarged, the order is not complied with, such occupier pant of fence to shall on conviction be liable to a penalty not exceeding One Pound machinery, &c. for every day that such non-compliance continues.

Vic. Act No. 1975,

sec. 155. 154. (1) If a person is killed or suffers bodily injury in con• Injury in consequence

of neglect of occupier sequence of the occupier of a factory having neglected -

of factory. (a) To fence machinery required by or in pursuance of this Act

to be securely fenced ; or (6) To fence any vat, pan, or other structure required by or in

pursuance of this Act to be securely fenced ; or (c) To maintain any such fencing, such occupier shall on conviction be liable to a penalty not exceeding One Hundred Pounds.

(2) The whole or any part of such penalty may be applied for the benefit of the injured person or his family or otherwise, as the Minister determines.

(3) No occupier shall be liable to a penalty under this section if an information against him for not fencing the part of the machinery, or the rat, pan, or other structure by which the death occurred or bodily injury was inflicted has been heard and dismissed within one month previous to the time when the death occurred or bodily injury was inflicted.

(4) This section shall not deprive the injured person or his representatives of any right of action to recover damages.

155. The registration of the factory of any person who is con- Cancellation of victed of a third offence under Part VIII. of this Act shall be forth. te with cancelled by the Chief Inspector.

156. The parent of a child or person under eighteen years of age Penalty on parent for shall, if such child or person is employed in a factory contrary to

allowing child or

young person to be this Act, be liable on conviction to a penalty not exceeding Twenty employed contrary to

the Act. Shillings for each offence, unless it appears to the Court that such offence was committed without the consent, connivance, or wilful

a an wilful Vic. Act No. 1976,

sec. 157. default of such parent.

157. (1) No person shall —

Forgery of

certificates, false (a) Forge or counterfeit any certificate for the purposes of this entries, and

declarations. Act (for the forgery or counterfeiting of which no other

Vic. Act No. 1975 punishment is provided); or

(b) Give sec. 158.

The Factories Act.—1907.

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(6) Give or sign any such certificate knowing the same to be

false in any material particular; or (c) Utter or make use of any certificate, knowing the same to

be forged, counterfeited, or false ; or d) Knowingly utter or make use of as applying to any person

a certificate which does not so apply; or (e) Personate any person named in the certificate; or Wilfully connive at such forging, counterfeiting, giving,

signing, uttering, making use of, or personating. Penalty, One Hundred Pounds, or imprisonment for two years. (2) No person shall

Wilfully make a false entry in a book, register, notice,

certificate, list, record, or document required by this Act

to be kept, or served, or sent; or (6) Wilfully make or sign a false declaration or return under

this Act; or
(c) Make use of any such entry, declaration, or return, knowing

the same to be false.
Penalty, Fifty Pounds, or imprisonment for one year.

Penalty on lock-out. 158. No organisation of employers or member thereof and no Cf. Conciliation Act, emplover shall couns

employer shall counsel, take part in, support, or assist directly or 1896, sec. 63.

indirectly any lock-out on account of any matter in respect of which
a Board has made a determination.
Penalty, in the case of an organisation Five Hundred Pounds, and
in the case of an individual Twenty Pounds.

Penalty on strike.
Cf. ibid., 64.

159. No organisation of employés or member thereof and no employé shall counsel, take part in, support, or assist directly or indirectly any strike on account of any matter in respect of which a Board has made a determination. Penalty, in the case of an organisation Five Hundred Pounds, and in the case of an individual Twenty Pounds.

Penalty on persons 160. Where an offence for which an employer is liable under committing offence for which employer is this Act to a penalty has in fact been committed by some agent, liable.

servant, workman, or other person, such agent, servant, workman, Vic. Act No. 1975, or other person shall be liable to the same penalty as if he were the sec. 159.

employer.

Exemption of

161. (1) An employer charged with an offence against this Act employer from

ion may, upon information duly laid by him, have any other person of the actual offender. whom he charges as the actual offender brought before the Court at Vict. Aet No. 1976. the time appointed for hearing the charge.

(2) If,

sec. 160.

The Factories Act.—1907.

PART X. DIVISION III.

(2) If, after the commission of the offence has been proved, such employer satisfies the Court that he had used due diligence to enforce the execution of this Act, and that the said other person had committed the offence in question without his knowledge, consent, or connivance, the said other person shall be summarily convicted of such offence, and such employer shall be exempt from any penalty.

(3) The informant shall proceed against the person whom he believes to be the actual offender in the first instance, without first proceeding against the employer, whenever it is made to appear to his satisfaction at the time of discovering the offence(a) That such employer has used all due diligence to enforce the

observance of this Act; and
(6). By whom such offence has been committed ; and
(c) That such offence has been committed without the knowledge,

consent, or connivance of such employer, and in contraven-
tion of his orders.

162. Every person guilty of an offence against this Actor Penalty for offence

for which no other any regulation thereunder, for which no other penalty is provided,

· Perally 18 Provided, penalty provided. shall on conviction be liable to a penalty for the first offence of

Vic. Act No. 1975, not more than Two Pounds, and for every subsequent offence to a sec. 161. penalty of not less than One Pound or more than Ten Pounds.

163. (1) The Special Magistrate or Justices imposing a penalty Justices may apply under this Act may direct the whole or any part thereof to be

v nart tharent to be penalty towards costs.

Factories Act, 1894, applied in or towards payment of the costs of the proceedings. sec. 28.

(2) Subject to such directions, all penalties shall be paid to the

Treasurer.

164. All fines and penalties for an offence against this Act may Fines may be re

covered before two be recovered before a Special Magistrate or two or more Justices Justices. in a summary way.

165. All proceedings before Justices shall be regulated by Ordi. Proceedings before

Justices. nance No. 6 of 1850, “The Justices Procedure Amendment Act," 1883-4,” and any other Act that may be law in that behalf.

166. (1) Any Justice may commit any person who makes default On non-payment of

ini penalties, &c., Justice in payment of a fine or pecuniary penalty or amends under this

amenas under this may imprison. Act to any gaol for any time not exceeding three months.

(2) The imprisonment shall cease on payment of the sum due and the costs of such proceedings as may have been taken for the recovery thereof.

(3) This section shall not affect any remedy under Ordinance No. 6 of 1850 or Act No. 298 of 1883-4 for the recovery of fines or pecuniary penalties or amends.

167. (1) There

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